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View Full Version : Spanish Group Looks to Sue FBI Over Megaupload File Loss



Teh One Who Knocks
01-26-2012, 11:47 PM
By Chloe Albanesius - PC Magazine


After the Megaupload takedown last week, one major concern was whether users would be able to retrieve the legitimate files stored on the now-defunct service.

The Justice Department wasn't too hopeful, pointing out that Megaupload's terms of service warned users to create backups of their documents. That apparently didn't sit too well with some users in Spain, who are organizing an effort to sue the FBI over the loss of their files.

As noted by TorrentFreak, the Pirate Party, as they are known, is calling on Megaupload users to band together and file suit against the U.S. agency, which worked with the DOJ to take down Megaupload for massive copyright infringement.

"By closing the service [the FBI has] impeded the access to millions of archives of both private individuals and organisations, potentially causing huge personal, economic and image damages to a vast number of people," the Pirate Party argued. "In addition, the Pirate Party understands they may have violated Articles 197 and 198 of the Spanish Penal Code by misappropiating [sic] personal data."

Shutting down Megaupload "is unjustified and completely disproportionate to the aim intended," the Pirate Party continued. "For this reason Pirates of Catalonia, in collaboration with Pirate Parties International and other Pirate Parties [including the Pirate Party of the United Kingdom], have begun investigating these potential breaches of law and will facilitate submission of complaints against the US authorities in as many countries as possible, to ensure a positive and just result."

To join, fill out the form on the group's Web site.

The Pirate Party also argued that shutting down Megaupload in order to battle online piracy is a futile effort. "Much of the unlawful content will still be available via other services on the Web," the group said, which "serves as a reminder that these files are not necessarily, nor have been shown to be, illegal in any country, including the US."

The DOJ likely begs to differ. Megaupload and its executives generated more than $175 million and caused more than $1 billion in harm via megaupload.com and other sites, the agency said. A New Zealand court recently denied bail for Megaupload founder Kim Dotcom, who faces extradition to the U.S., though two other execs were bailed today, Reuters reported.

The Pirate Party isn't the only one concerned about the Megaupload shutdown in Spain. Last week, Barcelona-based attorney Carlos Sanchez Almeida said in a translated blog post that Spanish law requires a court order before officials can search or seize private documents or correspondence.

There needs to be a balance between the rights of authors to be fairly rewarded for their works and the rights of citizens to access culture at large, Almeida wrote. Government "propaganda operations" hinder that dialogue, but they can't stop innovation.

"Megaupload was only a page. Together, we are building a huge library," he said.